The Weekly Digest of Montana Law
By lilly
Plan I
Robin Wright, feet/spine, 12/96, Fallon Co. (employer), subsequent requests for coverage for hands, wrists, and knees were denied, disputes include nature, extent, and sequela of claim-related conditions, $175,000 for all claims ($52,957 MSA), stipulated judgment; Dean Blackaby for Wright, Russell Plath for MWCT [Read more…]
By lilly
RESTRICTIVE COVENANTS: Conversion of garage into accessory dwelling not violative of covenant against short-term rental of single-family residence but renting it as Airbnb violative of commercial business restriction… Wald reversed. [Read more…]
By lilly
INTEREST: Case leading to certified question as to whether compensation incident to specific performance constitutes legal damages for prejudgment interest settled and dismissed… Order. [Read more…]
By lilly
ELECTIONS: Supervisory control of McMahon denied as to allowing Green Party’s nominated/appointed US Senate candidate on general election ballot as suit by Democratic Party unlikely to succeed on the merits… Opinion & Order. [Read more…]
By lilly
MUNICIPAL WATER: DNRC correctly determined that Shelby satisfied permit & change criteria via service agreements with each community in its service area except for one community… Stephen Brown affirmed, reversed. [Read more…]
By lilly
DRUGS: Initial stop for speeding and revoked license was not extended beyond what was necessary, resulting in discovery of meth… sufficient evidence to convict passenger of accountability to possession with intent to sell… Menahan affirmed. [Read more…]
By lilly
FITNESS TO PROCEED: Dismissal of negligent endangerment based on noncompliance with §46-14-221 timeline properly denied… Gilbert affirmed. [Read more…]
By lilly
DPHHS NEGLECT SUBSTANTIATION: ALJ’s Proposed Decision vindicating youth academy owner relating to teen’s suicide improperly replaced with “Final Order” by DPHHS Deputy Director that adopted Proposed Decision but added remarks that erased the owner’s vindication after being put through a “living hell”… Court declares that a request for Director review of an ALJ decision shall only be initiated by a party other than DPHHS in a child abuse & neglect case… Claimant entitled to attorney fees/costs under UDJA… McMahon. [Read more…]
By lilly
Plan III
Jason Shupert, ear(s), 2/21, $13,000, Megan Miller [Read more…]
By lilly
PROBATE: Self-deleting text about “touching up my will at the moment” and “i wanted to let you know that my sword company is going to go to you and david and ted” did not constitute valid will… Recht affirmed (memorandum). [Read more…]